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Inheritance Tax

Inheritance and succession tax in France, Spain, Portugal and Malta

When moving to a new country, it’s important to establish how the local inheritance tax will impact you and your heirs.  The succession tax regimes in France and Spain, for example, differ significantly from UK inheritance tax. In Spain it also varies significantly across regions. Spouses are exempt from inheritance tax in some counties, but not in others.

British expatriates and UK residents owning assets abroad could be affected by the inheritance taxes of more than one country.  Liability to UK inheritance tax is now determined by the long-term residence (LTR) rules and where the assets are situated.

To make sure you don’t leave your heirs an unexpected tax liability, you must understand the rules in the UK and your country of residence and how they interact.

Different Types of Taxes on Death

France imposes a succession tax on residents’ worldwide assets, which is paid at a progressive rate by each beneficiary. The tax rates and allowances vary according to their relationship to you and can be prohibitive for non-relatives. Spouses are exempt on inheritances.

Spain charges succession and gift tax on Spanish assets or assets passing to Spanish residents. Close family members receive higher allowances than other heirs. The state tax rates and allowances can be adjusted by the autonomous region, and many have moved to virtually eliminate tax between spouses, descendants and ascendants. Tax can apply between spouses depending on the region.

Portugal and Malta charge a ‘stamp duty’ instead of inheritance tax. Portuguese stamp duty is fixed at 10%, only applies to local assets, and spouses and descendants are exempt. Malta only charges tax when an indirect relative inherits property.

In Monaco, inheritance tax only applies to assets located within the Principality, Cyprus does not impose any inheritance or gift tax.

Taxes on Gifts

Many countries, including the UK, France and Spain, charge a tax on gifts given within your lifetime, although there may be some exemptions or time-based relief. In the UK, for example, if you survive for at least seven years from the date of a gift to an individual, it may fall out of account for tax purposes.

Inheritance Tax Advice

Blevins Franks is highly specialised at advising expatriates on how to legitimately avoid or limit inheritance taxes – something we’ve been doing for 50 years.

We will guide you through the new UK long-term residence rules to clarify how long your liability to UK inheritance tax on worldwide assets will last and how this UK tax interacts with the inheritance tax in your country of residence.

We are also highly knowledgeable on each country’s succession law and forced heirship rules and provide a comprehensive, integrated estate planning review service.

DISCLAIMER
The tax rates, scope and reliefs may change.  Any statements concerning taxation are based upon our understanding of current taxation laws and practices which are subject to change. Tax information has been summarised; an individual should take personalised advice. 

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Blevins Franks has been providing specialist financial advice to British expatriates across Europe for 50 years. Our expertise covers tax, estate planning, pensions and investment management to offer a genuinely holistic approach to financial planning.
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